Paisley's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Allegheny county: No. 69, of October and November Term 1871. On the 5th of February 1870, Hugh Whiteside and Mary Jane his wife, John T. Shane and Anna his wife, J. B. Flack and Nancy P. his wife, presented their petition to the Orphans’ Court of Allegheny county, representing:— 1 and 2. That Samuel Paisley died in 1850, leaving a widow, Ellen E. Paisley, and five children, three, the above-named female petitioners, by a first…
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Appeal from the decree of the Orphans’ Court of Allegheny county: No. 69, of October and November Term 1871. On the 5th of February 1870, Hugh Whiteside and Mary Jane his wife, John T. Shane and Anna his wife, J. B. Flack and Nancy P. his wife, presented their petition to the Orphans’ Court of Allegheny county, representing:— 1 and 2. That Samuel Paisley died in 1850, leaving a widow, Ellen E. Paisley, and five children, three, the above-named female petitioners, by a first marriage, and two, Samuel T. and Ella, children of his surviving widow, and that he died seised of real estate in…
1Opinion of the Court
The opinion of the court was delivered, November 16th 1871, by
Sharswood, J.
The view which we take of the true construction of the will of Samuel Paisley disposes of all the questions which have been mooted on this appeal. He gives to his widow, the present appellant, the rents and profits of all his property during her natural life, under the direction of his executors. The object of this devise to her is expressed to be “for her support and the support and education of his children.” We must give the words of the will a reasonable construction. He certainly never could have intended that in…
2Cited by17 opinions
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Cleveland Clinic Foundation v. HumphrysCourt of Appeals for the Sixth Circuit · 1938
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1928
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
- Cunningham's EstateSupreme Court of Pennsylvania · 1940
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